Why India Should Say No to Capital Punishment

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Executing someone after a fair trial as retribution for a specific offense is known as capital punishment. Since those early days, it has been used as a legal punishment for a variety of offenses. It is the deliberate infliction of death. It is most effective when used by a state, so when foreign corporations refer to having "carried out" someone, they are essentially committing a murder. It is also most often used as a punishment for particularly extreme forms of homicide, though in some countries, crimes like treason, various forms of fraud, adultery, and rape are also considered capital offenses. In the past 10 years, the Indian judiciary has sentenced 1,303 human beings to loss of life however only four were hung till demise on this whole decade. In keeping with the object 21 of the Constitution of India, "no character shall be deprived of his existence or private liberty except according to process set up by way of regulation." capital punishments have usually been a factor of contention in the judiciary, not handiest in India but additionally in maximum developed countries. The nation's authority is both puzzled and mounted after the execution of capital punishment. India has made its stance clear on the matter in December 2007, while it rejected UN’s plea for a global moratorium on capital punishment which turned into further.

Substantially, capital punishment permanently gets rid of the worst criminals from society and ought to show a good deal more secure for the relaxation of us than long term or permanent incarceration. It is self-evident that lifeless criminals can't dedicate any further crimes, both inside prison or after escaping or after being launched from it. Regardless of the blessings of capital punishment, the state without a doubt has no absolute right to put its subjects to loss of life although, of a path, almost all international locations accomplish that in some shape or other (however now not always using a few general form of capital punishment). In most nations, its miles through arming their police forces and accepting the truth that human beings will from time to time be shot as a result and consequently at the country's behest.

Dying penalty does now not always acts as a deterrent. It's far a contravention of human rights and is an inhuman and cruel form of punishment .India has ratified the covenant on civil and political rights, which calls for events to abolish the demise penalty. Even the international criminal courtroom, for offenses like genocide, battle crimes and crimes towards humanity, can't award the dying penalty.

The regulation commission of India in its 262nd file had declared that the abolition of the demise penalty has to end up a goal for India. It had endorsed, for a begin, the scrapping of the death penalty for all crimes besides terrorism associated offenses and those that quantity to waging war towards the nation. Retributive justice is critical. However, it ought to no longer descend to the level of vengeance.

The law commission had sought ago back to the notions of restorative and reformative justice, and advised a change in tenor, in this kind of manner that victims aren't made to suppose that the death penalty is the only, first-rate or last shape of punishment. It determined that the administration of the death penalty even inside the restrictive surroundings of ‘rarest of rare’ doctrine is constitutionally unsustainable.

The ongoing management of the dying penalty raises problems of the miscarriage of justice, errors in addition to the plight of the bad and disenfranchised within the criminal justice system. The question of dying penalty isn't always loose from the subjective element and the confirmation of loss of life sentence or its commutation by way of the court depends on a good buy on the private choice of the judges constituting the Bench.


Improving the efficiency of the felony system can be extra effective than enhancing the punishment. Through in-intensity evaluation, persuasive argument and the marshaling of the taken into consideration opinion of jurists, human rights activists, pupils and criminologists among others, this book suggests precisely why the demise penalty have to be abolished with immediate impact in India.

Works Cited

Arthur Koesther and Albert .Abolishing Death Penalty.1957

Mahatma Candhi and Harijan. Abolishing Death Penalty.27 April, 1940.

Pope Francis. Abolishing Death Penalty; Letter to the President at the International Commission against Death, Penalty, 2015.

July 15, 2023

Law Social Issues World


Learning Human Rights Asia

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